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SF 2048

as introduced - 92nd Legislature (2021 - 2022) Posted on 10/19/2021 04:05pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; prohibiting the possession of dangerous weapons in the
Capitol complex; eliminating the permit to carry holder exception to the crime of
carrying rifles and shotguns in public places; amending Minnesota Statutes 2020,
sections 609.66, subdivision 1g; 624.7181, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 609.66, subdivision 1g, is amended to read:


Subd. 1g.

Felony; possession in courthouse or certain state buildings.

(a) A person
who commits either of the following acts is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than $10,000,
or both:

(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse
complex; or

(2) possesses a dangerous weapon, ammunition, or explosives in any state building
within the Capitol Area described in chapter 15B, other than the National Guard Armory.

(b) Unless a person is otherwise prohibited or restricted by other law to possess a
dangerous weapon, this subdivision does not apply to:

(1) licensed peace officers or military personnel who are performing official duties;

(2) persons who carry pistols according to the terms of a permit issued under section
624.714 new text beginin a courthouse complex new text endand who so notify the sheriff deleted text beginor the commissioner of
public safety, as appropriate
deleted text end;

(3) persons who possess dangerous weapons new text beginin a courthouse complex new text endfor the purpose
of display as demonstrative evidence during testimony at a trial or hearing or exhibition in
compliance with advance notice and safety guidelines set by the sheriff deleted text beginor the commissioner
of public safety
deleted text end; or

(4) persons who possess dangerous weapons in a courthouse complex with the express
consent of the county sheriff deleted text beginor who possess dangerous weapons in a state building with
the express consent of the commissioner of public safety
deleted text end.

(c) deleted text beginFor purposes of this subdivision, the issuance of a permit to carry under section
624.714 constitutes notification of the commissioner of public safety as required under
paragraph (b), clause (2).
deleted text endnew text begin Unless a person is otherwise prohibited or restricted by other law
to possess a firearm, the prohibition in paragraph (a), clause (2), does not apply to persons
authorized to carry a pistol under section 624.714, while the person is: (1) in a motor vehicle,
or (2) outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk
or rear area of the vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 624.7181, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given them.

(a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less
in diameter.

(b) "Carry" does not include:

(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are
repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other
lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;

(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun
case expressly made to contain a firearm, if the case fully encloses the firearm by being
zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the firearm is
exposed;

(3) deleted text beginthe carrying of a BB gun, rifle, or shotgun by a person who has a permit under section
624.714;
deleted text end

deleted text begin (4)deleted text end the carrying of an antique firearm as a curiosity or for its historical significance or
value; or

deleted text begin (5)deleted text end new text begin(4) new text endthe transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.

(c) "Public place" means property owned, leased, or controlled by a governmental unit
and private property that is regularly and frequently open to or made available for use by
the public in sufficient numbers to give clear notice of the property's current dedication to
public use but does not include: a person's dwelling house or premises, the place of business
owned or managed by the person, or land possessed by the person; a gun show, gun shop,
or hunting or target shooting facility; or the woods, fields, or waters of this state where the
person is present lawfully for the purpose of hunting or target shooting or other lawful
activity involving firearms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end